80_FR_25443 80 FR 25358 - Union Pacific Railroad Company-Discontinuance of Service Exemption-in Cochise County, AZ.

80 FR 25358 - Union Pacific Railroad Company-Discontinuance of Service Exemption-in Cochise County, AZ.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 85 (May 4, 2015)

Page Range25358-25359
FR Document2015-10349

Federal Register, Volume 80 Issue 85 (Monday, May 4, 2015)
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25358-25359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10349]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 308X)]


Union Pacific Railroad Company--Discontinuance of Service 
Exemption--in Cochise County, AZ.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR 1152 subpart F-Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 48.03-mile 
portion of a rail line known as the Curtiss Branch, from milepost 
1040.15 at Curtiss, to milepost 1084.0 at Naco, in Cochise County, 
Ariz. (the Line).\1\ The Line traverses United States Postal Service 
Zip Codes 85602, 85630,

[[Page 25359]]

85616, 85638, 85635, 85615, 85603, and 85620.
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    \1\ UP states there is a milepost overlap equation (milepost 
1050.57 = milepost 1046.39). The Line segment from Curtiss at 
milepost 1040.15 to Fairbank at milepost 1050.57 is 10.42 miles, and 
the Line segment from Fairbank at milepost 1046.39 to Naco at 
milepost 1084.0 is 37.61 miles, a total distance of 48.03 miles.
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    The verified notice states that the Line's previous owner sought 
and received abandonment authority for the Line \2\ and salvaged the 
track structure on the Line, but did not consummate the abandonment and 
instead sold the Line to UP.\3\ UP has certified that: (1) No local 
traffic has moved over the Line for at least two years; (2) no overhead 
traffic has moved over the Line for at least two years; (3) no formal 
complaint filed by a user of rail service on the Line (or by a state or 
local government entity acting on behalf of such user) regarding 
cessation of service over the Line is pending either with the Surface 
Transportation Board (Board) or with any U.S. District Court or has 
been decided in favor of complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
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    \2\ San Pedro R.R. Operating Co.--Aban. Exemption--in Cochise 
Cnty., Ariz., AB 1081X (STB served Feb. 3, 2006).
    \3\ Union Pac. R.R.--Acquis. & Operation Exemption--San Pedro 
R.R. Operating Co., FD 35666 (STB served Sept. 7, 2012).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will become effective on June 3, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2),\4\ must be 
filed by May 14, 2015.\5\ Petitions to reopen must be filed by May 26, 
2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \5\ Because this is discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, Union 
Pacific Railroad, 101 North Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: April 29, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-10349 Filed 5-1-15; 8:45 am]
 BILLING CODE 4915-01-P



                                                  25358                           Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices

                                                     FMVSS No. 209, Seat belt assemblies;                 petition, while necessary to comply                   vehicle software to achieve conformity
                                                  FNA commented that as pointed out by                    with emissions requirements, have no                  with each separate FMVSS, did not also
                                                  JK in their petition, some European                     bearing on compliance with FMVSS No.                  cause the vehicle to fall out of
                                                  market vehicles are equipped with four-                 301.                                                  compliance with any other applicable
                                                  point seat belt assemblies that do not                     JK responded that the rollover valves              FMVSS.
                                                  comply with this standard. FNA                          incorporated in the U.S. market system
                                                                                                          are an integral part of the fuel system               Decision
                                                  contends that the belts could not simply
                                                  be replaced by a registered importer,                   integrity of the vehicle and necessary for              Accordingly, on the basis of the
                                                  due to the absence of an anchorage on                   compliance.                                           foregoing, NHTSA hereby decides that
                                                  the B-pillar.                                              NHTSA has decided that the fuel                    model year 2010 European model
                                                     JK responded that all vehicles                       system modifications are necessary to                 Ferrari California passenger cars that
                                                  processed under this petition would                     bring vehicles into compliance with the               were not originally manufactured to
                                                  need to be inspected for compliance and                 standard. Additionally, NHTSA has                     comply with all applicable FMVSS, are
                                                  that all parts of the system are available.             decided that each conformity package                  substantially similar to model year 2010
                                                     NHTSA has decided that each                          must include a detailed description of                Ferrari California passenger cars
                                                  conformity package must include                         all modifications made to achieve                     manufactured for importation into and/
                                                  photographic evidence that conforming                   conformity with the standard. This                    or sale in the United States, and
                                                  safety belts have been installed in the                 description must include part numbers                 certified under 49 U.S.C. 30115, and are
                                                  vehicle. Safety belt anchorages are                     for each part replaced and be supported               capable of being readily altered to
                                                  addressed in the following FMVSS No.                    with photographic evidence of the                     conform to all applicable Federal Motor
                                                  210 discussion.                                         modifications made to achieve                         Vehicle Safety Standards.
                                                     FMVSS No. 210, Seat belt assembly                    conformity.                                           Vehicle Eligibility Number for Subject
                                                  anchorages; In its petition JK claims that                 FMVSS No. 401 Interior trunk release;              Vehicles
                                                  the subject non-U.S. certified vehicles                 FNA expressed agreement that the
                                                  conform to FMVSS No. 210 as originally                  modifications noted in the petition are                  The importer of a vehicle admissible
                                                  manufactured. FNA commented that                        necessary to conform the vehicle. The                 under any final decision must indicate
                                                  European-market vehicles that were                      company noted, however, that the                      on the form HS–7 accompanying entry
                                                  equipped with optional four point                       reprogramming could only be                           the appropriate vehicle eligibility
                                                  harnesses lack b-pillar anchorages                      completed with proprietary hardware                   number indicating that the vehicle is
                                                  which are necessary for the installation                and software which is not available to                eligible for entry. VSP–570 is the
                                                  of compliant three point harnesses. FNA                 RI’s and can only be obtained from                    vehicle eligibility number assigned to
                                                  expresses concern about the ability of an               Ferrari and/or FNA.                                   vehicles admissible under this notice of
                                                  RI to install this anchorage and ensure                    JK responded that it has the necessary             final decision.
                                                  that it meets the performance                           programs from its U.S. model vehicle.                   Authority: 49 U.S.C. 30118, 30120:
                                                  requirements of the standard without                       NHTSA has decided that each                        delegations of authority at 49 CFR 1.95 and
                                                  Ferrari’s templates and tools, which are                conformity package must include a                     501.8.
                                                  only used during production.                            description of how the programming                    Jeffrey Giuseppe,
                                                     JK responded that any vehicle found                  changes were completed and how                        Director, Office of Vehicle Safety Compliance.
                                                  to be equipped with the optional belts                  compliance was verified. Additionally,
                                                  and lacking the mentioned anchorage                                                                           [FR Doc. 2015–10264 Filed 5–1–15; 8:45 am]
                                                                                                          photographs, printouts, and/or
                                                  would have to be modified to meet this                  screenshots, as practicable, must be                  BILLING CODE 4910–59–P

                                                  standard. JK further states that they will              submitted as proof that the
                                                  draw a template from the U.S. donor                     reprogramming was carried out.
                                                  vehicle and that as a result all parts and                                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                             49 CFR part 581, Bumper Standard;
                                                  engineering of the anchorage would                      FNA commented that in addition to the                 Surface Transportation Board
                                                  then be identical to the Ferrari                        modifications noted by JK in its
                                                  mounting point. JK asserts that less than               petition, additional bumper                           [Docket No. AB 33 (Sub-No. 308X)]
                                                  one percent of production is equipped                   reinforcements would have to be
                                                  with the optional belts.                                                                                      Union Pacific Railroad Company—
                                                                                                          installed in both the front and the rear
                                                     NHTSA has decided that conformity                                                                          Discontinuance of Service
                                                                                                          of the vehicle.
                                                  packages for vehicles that require                         JK responded that no comment was                   Exemption—in Cochise County, AZ.
                                                  modification must include a detailed                    necessary.                                              Union Pacific Railroad Company (UP)
                                                  description of the alterations made to                     NHTSA has decided that each                        has filed a verified notice of exemption
                                                  achieve conformity with the standard.                   conformity package must include a                     under 49 CFR 1152 subpart F–Exempt
                                                  The description must include sufficient                 detailed description of all modifications             Abandonments and Discontinuances of
                                                  information to validate how the                         made to achieve conformity with the                   Service to discontinue service over a
                                                  alterations allowed the vehicle to meet                 standard, including necessary                         48.03-mile portion of a rail line known
                                                  the requirements of the standard. This                  modifications to the bumper                           as the Curtiss Branch, from milepost
                                                  information must include photographic                   reinforcements. This description must                 1040.15 at Curtiss, to milepost 1084.0 at
                                                  evidence that the modification was                      include part numbers for each part                    Naco, in Cochise County, Ariz. (the
                                                  carried out, as well as testing and/or                  replaced and be supported with                        Line).1 The Line traverses United States
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  engineering analysis reports                            photographic evidence of the                          Postal Service Zip Codes 85602, 85630,
                                                  documenting how the RI has verified                     modifications made to achieve
                                                  that the alterations will allow the                     conformity.                                             1 UP states there is a milepost overlap equation

                                                  vehicle to meet all applicable                             In addition to the information                     (milepost 1050.57 = milepost 1046.39). The Line
                                                  requirements of the standard.                           specified above, each conformity                      segment from Curtiss at milepost 1040.15 to
                                                                                                                                                                Fairbank at milepost 1050.57 is 10.42 miles, and the
                                                     FMVSS No. 301 Fuel system integrity;                 package must include evidence showing                 Line segment from Fairbank at milepost 1046.39 to
                                                  FNA stated that the modifications to the                how the RI verified that the changes it               Naco at milepost 1084.0 is 37.61 miles, a total
                                                  fuel system that JK identified in its                   made in loading or reprograming                       distance of 48.03 miles.



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                                                                                  Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices                                             25359

                                                  85616, 85638, 85635, 85615, 85603, and                  Railroad, 101 North Wacker Drive,                     income housing tax credit recapture
                                                  85620.                                                  Room 1920, Chicago, IL 60606.                         exception in § 42(j)(6) of the Internal
                                                     The verified notice states that the                     If the verified notice contains false or           Revenue Code (the Code), as in effect on
                                                  Line’s previous owner sought and                        misleading information, the exemption                 or before July 30, 2008. This revenue
                                                  received abandonment authority for the                  is void ab initio.                                    procedure provides the procedures for
                                                  Line 2 and salvaged the track structure                    Board decisions and notices are                    taxpayers to follow when making the
                                                  on the Line, but did not consummate                     available on our Web site at                          election under section 3004(i)(2)(B)(ii)
                                                  the abandonment and instead sold the                    ‘‘WWW.STB.DOT.GOV.’’                                  of the Housing Assistance Tax Act of
                                                  Line to UP.3 UP has certified that: (1) No                Decided: April 29, 2015.                            2008 (Pub. L. 110–289) (the Act) to no
                                                  local traffic has moved over the Line for                 By the Board, Rachel D. Campbell,                   longer maintain a surety bond or a TDA
                                                  at least two years; (2) no overhead traffic             Director, Office of Proceedings.                      to avoid recapture.
                                                  has moved over the Line for at least two
                                                                                                          Brendetta S. Jones,                                      Current Actions: There is no change to
                                                  years; (3) no formal complaint filed by
                                                                                                          Clearance Clerk.                                      this Revenue Procedure.
                                                  a user of rail service on the Line (or by
                                                  a state or local government entity acting               [FR Doc. 2015–10349 Filed 5–1–15; 8:45 am]               Type of Review: Extension of a
                                                  on behalf of such user) regarding                       BILLING CODE 4915–01–P                                currently approved collection.
                                                  cessation of service over the Line is                                                                            Affected Public: Individuals and
                                                  pending either with the Surface                                                                               Households, Businesses and other for-
                                                  Transportation Board (Board) or with                    DEPARTMENT OF THE TREASURY                            profit organizations.
                                                  any U.S. District Court or has been                                                                              Estimated Number of Respondents:
                                                  decided in favor of complainant within                  Internal Revenue Service
                                                                                                                                                                7810.
                                                  the two-year period; and (4) the
                                                  requirements at 49 CFR 1105.12                          Proposed Collection; Comment                             Estimated Time Per Respondent: 1
                                                  (newspaper publication) and 49 CFR                      Request for Revenue Procedure                         hours.
                                                  1152.50(d)(1) (notice to governmental                   AGENCY: Internal Revenue Service (IRS),                  Estimated Total Annual Burden
                                                  agencies) have been met.                                Treasury.                                             Hours: 7810.
                                                     As a condition to this exemption, any                ACTION: Notice and request for                           The following paragraph applies to all
                                                  employee adversely affected by the                      comments.                                             of the collections of information covered
                                                  discontinuance shall be protected under
                                                                                                                                                                by this notice:
                                                  Oregon Short Line Railroad—                             SUMMARY:    The Department of the
                                                  Abandonment Portion Goshen Branch                       Treasury, as part of its continuing effort               An agency may not conduct or
                                                  Between Firth & Ammon, in Bingham &                     to reduce paperwork and respondent                    sponsor, and a person is not required to
                                                  Bonneville Counties, Idaho, 360 I.C.C.                  burden, invites the general public and                respond to, a collection of information
                                                  91 (1979). To address whether this                      other Federal agencies to take this                   unless the collection of information
                                                  condition adequately protects affected                  opportunity to comment on proposed                    displays a valid OMB control number.
                                                  employees, a petition for partial                       and/or continuing information                            Books or records relating to a
                                                  revocation under 49 U.S.C. 10502(d)                     collections, as required by the                       collection of information must be
                                                  must be filed.                                          Paperwork Reduction Act of 1995,                      retained as long as their contents may
                                                     Provided no formal expression of                     Public Law 104–13 (44 U.S.C.                          become material in the administration
                                                  intent to file an offer of financial                    3506(c)(2)(A)). Currently, the IRS is                 of any internal revenue law. Generally,
                                                  assistance (OFA) to subsidize continued                 soliciting comments concerning Rev.                   tax returns and tax return information
                                                  rail service has been received, this                    Proc. 2008–60, Election Involving the                 are confidential, as required by 26
                                                  exemption will become effective on                      Repeal of the Bonding Requirement.                    U.S.C. 6103.
                                                  June 3, 2015, unless stayed pending                     DATES: Written comments should be
                                                  reconsideration. Petitions to stay that do                                                                       Request for Comments: Comments
                                                                                                          received on or before July 6, 2015 to be              submitted in response to this notice will
                                                  not involve environmental issues and                    assured of consideration.
                                                  formal expressions of intent to file an                                                                       be summarized and/or included in the
                                                                                                          ADDRESSES: Direct all written comments                request for OMB approval. All
                                                  OFA to subsidize continued rail service
                                                  under 49 CFR 1152.27(c)(2),4 must be                    to Christie A. Preston, Internal Revenue              comments will become a matter of
                                                  filed by May 14, 2015.5 Petitions to                    Service, Room 6129, 1111 Constitution                 public record. Comments are invited on:
                                                  reopen must be filed by May 26, 2015,                   Avenue NW., Washington, DC 20224.                     (a) Whether the collection of
                                                  with the Surface Transportation Board,                  FOR FURTHER INFORMATION CONTACT:                      information is necessary for the proper
                                                  395 E Street SW., Washington, DC                        Requests for additional information or                performance of the functions of the
                                                  20423–0001.                                             copies of the form and instructions                   agency, including whether the
                                                     A copy of any petition filed with the                should be directed to Martha R. Brinson,              information shall have practical utility;
                                                  Board should be sent to UP’s                            Internal Revenue Service, Room 6129,                  (b) the accuracy of the agency’s estimate
                                                  representative: Mack H. Shumate, Jr.,                   1111 Constitution Avenue NW.,                         of the burden of the collection of
                                                  Senior General Attorney, Union Pacific                  Washington, DC 20224, or through the                  information; (c) ways to enhance the
                                                                                                          Internet at Martha.R.Brinson@irs.gov.                 quality, utility, and clarity of the
                                                    2 San Pedro R.R. Operating Co.—Aban.
                                                                                                          SUPPLEMENTARY INFORMATION:                            information to be collected; (d) ways to
                                                  Exemption—in Cochise Cnty., Ariz., AB 1081X
                                                                                                          ■ Title: Election Involving the Repeal of
                                                                                                                                                                minimize the burden of the collection of
                                                  (STB served Feb. 3, 2006).                                                                                    information on respondents, including
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    3 Union Pac. R.R.—Acquis. & Operation                 the Bonding Requirement under
                                                                                                          § 42(j)(6).                                           through
                                                  Exemption—San Pedro R.R. Operating Co., FD
                                                  35666 (STB served Sept. 7, 2012).                          OMB Number: 1545–2120.                                The use of automated collection
                                                    4 Each OFA must be accompanied by the filing
                                                                                                             Revenue Procedure Number: 2008–60.                 techniques or other forms of information
                                                  fee, which is currently set at $1,600. See 49 CFR          Abstract: This revenue procedure                   technology; and (e) estimates of capital
                                                  1002.2(f)(25).
                                                    5 Because this is discontinuance proceeding and       affects taxpayers who are maintaining a               or start-up costs and costs of operation,
                                                  not an abandonment, trail use/rail banking and          surety bond or a Treasury Direct                      maintenance, and purchase of services
                                                  public use conditions are not appropriate.              Account (TDA) to satisfy the low-                     to provide information.


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Document Created: 2018-02-21 10:22:40
Document Modified: 2018-02-21 10:22:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 25358 

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